Chatham County data center can proceed despite moratorium, judge rules

A Chatham County Superior Court judge has ruled that a data center project in Moncure, North Carolina, developed by Sanford-based Eco TIP West, can move forward despite a county-wide moratorium on new data centers. Judge John Morris issued a decision in favor of Eco TIP West, which had sued Chatham County in April after commissioners approved a 12-month moratorium earlier this year. The ruling stated that Eco TIP West is entitled to judgment as a matter of law, with damages and legal fees to be determined later.

Chatham County Attorney Emily Meeker expressed disappointment, stating that the moratorium was adopted to allow the county time to develop zoning regulations for intensive land uses like data centers, aiming to protect residents' quality of life and the environment. She confirmed that, according to the ruling, Eco TIP West's project would not be subject to these new regulations and that the county is exploring its legal options.

Eco TIP West's attorney, Robin Tatum, argued that the company had invested over $11 million in planning the 750-megawatt data center, which will also include cryptocurrency mining, and had secured electrical service, water, and sewer allocations before the moratorium was put in place. Tatum contended that county staff were aware of the project's progress and that the moratorium was illegally rushed and failed to exempt approved projects or those with accepted permit applications, as required by state law. Conversely, County Attorney James Ferguson argued that Eco TIP's permit application was incomplete and that the moratorium met all state requirements, having been implemented in response to citizen concerns about data center impacts.